wrongful death

Georgia Woman Dies in Seven-Car Pileup

October 31, 2024 | Benjamin S. Persons, IV

In October of 2024, the death of a Georgia woman made national headlines after a seven-car pileup on I-75. The details of this crash highlight the human suffering and anguish that has become so common after traffic deaths. Too often, we view fatal car accidents in Marietta as simple statistics – but numbers do not paint the full picture, especially in regard to the families of victims.

Two Utility Trucks Spark Seven-Car Collision

Traffic authorities say that this crash began when two utility trucks crashed into a van on I-75. The van then veered into a Toyota Corolla occupied by a couple, causing their vehicle to overturn and slam into an Audi. Various other vehicles were swept into the maelstrom – and the woman died from her wounds. Her boyfriend was also in the car, and he suffered a broken neck, fractured skull, and other injuries.

Wrong-Way Driver Crash Deaths on the Rise in Georgia

February 2, 2024 | Benjamin S. Persons, IV

There are thousands of accidents every year in Georgia. Wrong-way driver accidents are among the most serious and result in several hundred injuries and some fatalities. The Georgia Department of Transportation, GDOT, provides data regarding crashes that occur in the state. Recent data shows that the number of wrong-way accidents has been on the rise. The statistics show that the number of wrong-way accidents in 2023 was 852, about double the number of wrong-way crashes in 2013.

What Causes Wrong-Way Accidents?

Wrong-way accidents can occur after a driver mistakenly enters a roadway going in the wrong direction. These types of accidents are due to driver error. Driver error in these cases is likely the result of impairment or distracted driving. The majority of these types of accidents occur at night. The roadway is often poorly lit, making it more difficult for a driver to see. Importantly, the roads have just a few vehicles, so a driver is not always aware of the direction of the road by watching traffic.

Two UGA Students Killed in Car Crash

January 31, 2023 | Benjamin S. Persons, IV

Two other students were seriously injured in the wreck that followed Georgia’s celebration of back-to-back national football championships. Investigators believe that speed was a factor in this wreck.

The single-vehicle crash happened near the intersection of Stroud Road and Barnett Shoals Road in Athens. A 20-year-old offensive lineman and 24-year-old recruiting staffer died in that wreck. In a statement, UGA acknowledged that it owned the 2021 Ford Expedition, but denied responsibility for the crash.

“The car driven in the accident was one of several vehicles leased by our athletic department for use during recruiting activities only. Policies and expectations that were well understood by athletics staff dictated that such rental vehicles were to be turned in at the immediate conclusion of recruiting duties,” the University said in a statement. “Personal use was strictly prohibited. Therefore, the continued use of the leased car by our staff members after their recruiting duties ended earlier that evening was unauthorized.”

Common Causes of Accidental Death in Georgia

January 6, 2023 | Benjamin S. Persons, IV

Most untimely deaths are not accidents. Instead, negligence, or a lack of care, usually causes such incidents. In Georgia, drivers and property owners usually have a duty of reasonable care. This legal responsibility is loosely based on the story of the Good Samaritan. Just like this man went out of his way to help an injured traveler, individuals must go out of their way to avoid hurting other people.

When negligence causes a wrongful death or another personal injury, a Marietta personal injury attorney can obtain the compensation these victims need and deserve. No amount of money, no matter how large, could begin to fill the emotional void that a wrongful death creates. However, financial compensation helps these survivors carry on with their lives. At this point, that’s the best possible outcome.

Car Accidents

Court of Appeals Rejects Lawsuit Against Psychiatrist Who Treated Drunk Driver Just Before Fatal Crash

September 25, 2020 | Benjamin S. Persons, IV

It goes without saying that a drunk driver can be held liable in a civil lawsuit for injuring someone while on the road. In some cases, Georgia law even makes it possible for an accident victim to sue a bar or restaurant for serving the drunk driver. But what about a mental health professional who treated the drunk driver? Can they also be held responsible for failing to take action to prevent their patient from getting behind the wheel?

Stanley v. Garrett

The Georgia Court of Appeals addressed these questions in a recent decision, Stanley v. Garrett. This case involved a man named Fettig, who had a history of alcoholism and depression. The defendant in this case was Fettig’s psychiatrist.

Appeals Court Throws Out $10.6 Million Negligence Judgment Against City of Albany

July 31, 2018 | Benjamin S. Persons, IV

In just about every city there are certain places known to host dangerous (and illegal) activities. City officials are often aware of the threats posed by such places but fail to take appropriate action to protect the public. If someone is injured or killed as the result of these public hazards, however, can the city itself be held legally responsible?

City of Albany v. Stanford

In 2016, a Dougherty County jury answered “yes” to this question. The specific context was the horrific 2010 murder of a 20-year-old man at an illegal nightclub in Albany. The victim, who was from Butts County, was visiting his aunt in Albany at the time. Some friends took him to a local recording studio known as Brick City.

Georgia Supreme Court Rejects Wrongful Death Lawsuit Against Atlanta Teacher

February 1, 2018 | Benjamin S. Persons, IV

Everyone recognizes that teachers have a difficult job. We also trust teachers with the education and well-being of our children. So, when the worst happens and a child dies while in a teacher’s custody, grieving parents will understandably seek accountability and justice through the courts.

Barnett v. Caldwell

Unfortunately, when it comes to teachers employed by public schools, the legal system makes such accountability difficult. Although the Georgia Constitution states that a state employee may be personally liable for “negligent failure to perform” a “ministerial” function, they are generally immune from lawsuits arising from discretionary acts. In non-legal terms, if the law mandates a state employee do something, then he or she can be sued for negligently failing to do so. If the employee has discretion to do something, however, then he or she cannot be sued if that decision caused injury to a third party, unless the victim can prove that the employee acted with “actual malice” or “actual intent to cause injury.”

Is a Georgia Mental Health Care Facility Liable for Discharging a Patient Who Commits Murder?

November 10, 2017 | Benjamin S. Persons, IV

Georgia’s mental health system has come under increasing public and regulatory scrutiny in recent years. Too many people suffering from serious mental illness do not receive adequate treatment. While that is tragic in and of itself, the system’s failures are compounded when these untreated patients injure or even kill innocent third parties.

Curles v. Psychiatric Solutions, Inc.

The Georgia Court of Appeals recently considered a mental health care facility’s potential civil liability in one such case. A woman with a long history of “psychotic breaks” was committed to a private psychiatric facility on three separate occasions. Approximately two weeks after the facility discharged her for the third time, the woman killed her grandmother and another man.

Savannah Homeowners Association Not Liable in Swimming Pool Death of Child

August 25, 2017 | Benjamin S. Persons, IV

According to the Centers for Disease Control and Prevention, 10 people die every day in the United States due to “unintentional drowning.” Children between the ages of 1 and 4 are especially at risk. Among this age group, drowning is the leading cause of death aside from congenital birth defects.

Frazier v. Godley Park Homeowners Association, Inc.

Most child drowning deaths occur in residential swimming pools. In some cases, the pool owner’s negligence may be the proximate cause of the child’s death. You should not assume that just because a child suffers a fatal or non-fatal drowning, the owner is automatically liable. To the contrary, under Georgia law, a swimming pool owner “is not an insurer of its safety.”

Georgia Police Officer Absolved of Legal Liability in Teenager’s Suicide

June 2, 2017 | Benjamin S. Persons, IV

Teenage suicide is a serious public health problem in Georgia. According to the Jason Foundation, a leading suicide prevention organization, “suicide is the second leading cause of death for college-age youth and ages 12-18.” Suicide kills more teenagers every year than cancer, heart disease, and birth defects combined.

City of Richmond Hill v. Maia

When a parent loses a child to suicide, he or she understandably wants to know why it happened. In some cases, the suicide may have been provoked by the reckless or negligent act of a third party. The Supreme Court of Georgia recently clarified the circumstances where such third parties may be liable in a wrongful death lawsuit brought by the parents of a deceased child.